Opinion
June 11, 1990
Appeal from the Supreme Court, Queens County (Leahy, J.).
Ordered that the sentence is affirmed.
The fact that the defendant tested positive for "HIV infection" is not, in and of itself, a ground for reducing the otherwise appropriate and bargained-for sentence which was imposed (see, People v. Napolitano, 138 A.D.2d 414; People v. Parker, 132 A.D.2d 629; People v. Suitte, 90 A.D.2d 80; People v. Kazepis, 101 A.D.2d 816). Any application by the defendant to ameliorate the conditions under which he is incarcerated should be made to the New York State Department of Correctional Services.
We have considered the defendant's remaining contentions and find nothing which would warrant interfering with the sentencing court's proper exercise of discretion (see, People v. Suitte, 90 A.D.2d 80, supra). Thompson, J.P., Kunzeman, Sullivan and Miller, JJ., concur.